FAQ – CYBER CERT

Frequently Asked Questions

Where can I report cyber crime in India?

You can report a cyber crime by

filing a complaint in nearest/any Cyber cell,
lodging an FIR in a police station.
filing a complaint a thttps://cyber crime.gov.in/Accept.aspx.

How can I complain about cyber crime?

You can complaint about a cyber crime by

Writing a letter addressing the head of the cyber crime cell you’re making the complaint to. Provide all the necessary details such as a brief of the events of the offence, details of victim and abuser (if available).
Certain cyber offences are penalized under IPC. Hence, the complaints or FIR can also be filed in your nearest police station. The said police station will take actions for the crimes enlisted under IPC and will forward other complaints to a cyber cell.
In the case of cognizable offence (where a warrant is not required for arrest), one can also file a ZERO FIR.

How do I report cyber crime online?

You can report a cyber crime at the online portal https://cyber crime.gov.in/Accept.aspx, initiated by the Government of India.

Can I file an FIR online?

Yes, you can file an FIR online. It is mandatory under Section 154, Code of Criminal Procedure, for every police officer to record the information/complaint of an offense, irrespective of the jurisdiction in which the crime was committed.

What are the various categories of cyber crimes?

Following are the three categories of cyber crime:

Against People – includes cyber harassment and stalking, distribution of child pornography, credit card fraud, human trafficking, spoofing, identity theft, and online libel or slander.’
Against Property – includes DDOS attacks, hacking, virus transmission, cyber and typosquatting, computer vandalism, copyright infringement, and IPR violations.
Crimes Against Government – When a cyber crime is committed against the government, it is considered an attack on that nation’s sovereignty and may include hacking, accessing confidential information, cyber warfare, cyber terrorism, and pirated software.

What is Cyber-Protection?

Cyber-protection can be defined as the practice of defending computers, servers, mobile devices, electronic systems, networks, and data against such malicious attacks.

What is Cyber Safety?

Practicing safe and responsible use of Information Communication Technology can be termed as cyber safety.

What is the punishment for cyber crime in India?


Section	Offence	Punishment	Bailability and Cognizability
65	Tampering with Computer Source Code	Imprisonment up to 3 years or fine up to Rs 2 lakhs	Offence is Bailable, Cognizable and triable by the Court of JMFC.
66	Computer Related Offences	Imprisonment up to 3 years or fine up to Rs 5 lakhs	Offence is Bailable, Cognizable and
66-A	Sending offensive messages through communication service, etc…	Imprisonment up to 3 years and fine	Offence is Bailable, Cognizable and triable by Court of JMFC
66-B	Dishonestly receiving stolen computer resource or communication device	Imprisonment up to 3 years and/or fine up to Rs. 1 lakh	Offence is Bailable, Cognizable and triable by Court of JMFC
66-C	Identity Theft	Imprisonment of either description up to 3 years and/or fine up to Rs. 1 lakh	Offence is Bailable, Cognizable and triable by Court of JMFC
66-D	Cheating by Personation by using computer resource	Imprisonment of either description up to 3 years and /or fine up to Rs. 1 lakh	Offence is Bailable, Cognizable and triable by Court of JMFC
66-E	Violation of Privacy	Imprisonment up to 3 years and /or fine up to Rs. 2 lakh	Offence is Bailable, Cognizable and triable by Court of JMFC
66-F	Cyber Terrorism	Imprisonment extend to imprisonment for Life	Offence is Non-Bailable, Cognizable and triable by Court of Sessions
67	Publishing or transmitting obscene material in electronic form	On first Conviction, imprisonment up to 3 years and/or fine up to Rs. 5 lakh On Subsequent Conviction imprisonment up to 5 years and/or fine up to Rs. 10 lakh	Offence is Bailable, Cognizable and triable by Court of JMFC
67-A	Publishing or transmitting of material containing the sexually explicit act, etc… in electronic form	On first Conviction imprisonment up to 5 years and/or fine up to Rs. 10 lakh On Subsequent Conviction imprisonment up to 7 years and/or fine up to Rs. 10 lakh	Offence is Non-Bailable, Cognizable and triable by Court of JMFC
67-B	Publishing or transmitting of material depicting children in sexually explicit act etc., in electronic form	On first Conviction imprisonment of either description up to 5 years and/or fine up to Rs. 10 lakh On Subsequent Conviction imprisonment of either description up to 7 years and/or fine up to Rs. 10 lakh	Offence is Non-Bailable, Cognizable and triable by Court of JMFC
67-C	Intermediary intentionally or knowingly contravening the directions about Preservation and retention of information	Imprisonment up to 3 years and fine	Offence is Bailable, Cognizable.
68	Failure to comply with the directions given by Controller	Imprisonment up to 2 years and/or fine up to Rs. 1 lakh	Offence is Bailable, Non-Cognizable.
69	Failure to assist the agency referred to in subsection (3) in regard to interception or monitoring or decryption of any information through any computer resource	Imprisonment up to 7 years and fine	Offence is Non-Bailable, Cognizable.
69-A	Failure of the intermediary to comply with the direction issued for blocking for public access of any information through any computer resource	Imprisonment up to 7 years and fine	Offence is Non-Bailable, Cognizable.
69-B	Intermediary who intentionally or knowingly contravenes the provisions of sub-section (2) in regard to monitor and collect traffic data or information through any computer resource for cybersecurity	Imprisonment up to 3 years and fine	Offence is Bailable, Cognizable.
70	Any person who secures access or attempts to secure access to the protected system in contravention of a provision of Sec. 70	Imprisonment of either description up to 10 years and fine	Offence is Non-Bailable, Cognizable.
70-B	Indian Computer Emergency Response Team to serve as a national agency for incident response. Any service provider, intermediaries, data centers, etc., who fails to prove the information called for or comply with the direction issued by the ICERT.	Imprisonment up to 1 year and/or fine up to Rs. 1 lakh	Offence is Bailable, Non-Cognizable
71	Misrepresentation to the Controller to the Certifying Authority	Imprisonment up to 2 years and/ or fine up to Rs. 1 lakh.	Offence is Bailable, Non-Cognizable.
72	Breach of Confidentiality and privacy	Imprisonment up to 2 years and/or fine up to Rs. 1 lakh.	Offence is Bailable, Non-Cognizable.
72-A	Disclosure of information in breach of lawful contract	Imprisonment up to 3 years and/or fine up to Rs. 5 lakh.	Offence is Cognizable, Bailable
73	Publishing electronic Signature Certificate false in certain particulars	Imprisonment up to 2 years and/or fine up to Rs. 1 lakh	Offence is Bailable, Non-Cognizable.
74	Publication for a fraudulent purpose	Imprisonment up to 2 years and/or fine up to Rs. 1 lakh	Offence is Bailable, Non-Cognizable.

CYBER CERT

Crime Emergency Response Team